QuickLinkt Solutions Inc. (DBA ClientLinkt) Terms of Service
Date of Last Revision: January 16, 2016
THE WEBSITE AND ANY BRANDED, POWERED BY QUICKLINKT/CLIENTLINK SMARTPHONE APP DOES NOT PROVIDE ADVICE. The Service are provided for informational purposes only.. Other Registered Users may refer a Service Provider to you through the Service, but QuickLinkt is not a referral service, and neither QuickLinkt nor Registered Users, Real Estate Professionals or other users recommend or endorse in any way any specific Service Providers, nor do they guaranty or warranty the Services in any way. Reliance on the Websites and the Service is solely at your own risk. Any suggestion by a Real Estate Professional is in no way endorsed or suggested by the Real Estate Professional's applicable real estate broker.
1. Your relationship with QuickLinkt Solutions Inc.
1.1 Your use of QuickLinkt's products, software, services and web sites in relationship to the QuickLinkt App and/or web interface (referred to collectively as the "Services" in this document and excluding any services provided to you by QuickLinkt under a separate written agreement) is subject to the terms of a legal agreement between you and QuickLinkt. "QuickLinkt" means QuickLinkt Solutions Ltd., whose principal place of business is at 2224 Hanselman Ave., Saskatoon, SK Canada S7L 6A4. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with QuickLinkt, your agreement with QuickLinkt will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the "Terms". The Terms form a legally binding agreement between you and QuickLinkt in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms".
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by QuickLinkt in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that QuickLinkt will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services if (a) you are not of legal age to form a binding contract with QuickLinkt, or (b) you are a person barred from receiving the Services under the laws of the Canada or other countries including the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print off or save a local copy of the Terms for your records.
3. Provision of the Services by QuickLinkt
3.1 QuickLinkt is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which QuickLinkt provides may change from time to time without prior notice.
3.2 You may stop using the Services at any time provided you cancel your account with QuickLinkt (as permitted under the Services).
3.3 You acknowledge and agree that if QuickLinkt decides, acting commercially reasonably, to disable access to your account relating to the Services, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account relating to the Services and you will have no rights against QuickLinkt (including for damages) in relation thereto.
3.4 You acknowledge and agree that any subsidiaries and/or partners and/or affiliate(s) of QuickLinkt shall be entitled to provide the Services to you on behalf of QuickLinkt, and that this subsidary and/or partner and/or affiliate may limit or disable your access to the Services at their discretion.
4. Use of the Services by you
4.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to QuickLinkt will always be accurate, correct and up to date.
4.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from Canada or other relevant countries).
4.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by QuickLinkt or its Application Programming Interface (API) unless you have been specifically allowed to do so in a separate agreement with QuickLinkt.
4.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
4.5 You agree that you are solely responsible for (and that QuickLinkt has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which QuickLinkt may suffer) of any such breach.
5. Service Payment
5.1 When using a paid account you must provide QuickLinkt with accurate and complete billing information. You will be billed annually or monthly, on or around the date of your account creation, your selected plan rate or separately agreed upon rate one month in advance until you cancel the service, unless you and QuickLinkt have agreed to, in writing, other payment terms. QuickLinkt does not provide refunds for time not used, partial months or pro-rated periods, or disruptions or terminations caused by third-party providers or platforms, inlcuding but not limited to Apple, Google, Microsoft and Blackberry. If your account is past due, it is subject suspension or cancellation. Delinquent accounts may be suspended or cancelled at the sole discretion of QuickLinkt, however your service charges will continue until your account has been cancelled.
6. Your passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 If you become aware of any unauthorized use of your password or of your account, you agree to notify QuickLinkt immediately.
7. Content in the Services
7.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content".
7.2 QuickLinkt reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service
7.3 You agree that you are solely responsible for (and that QuickLinkt has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which QuickLinkt may suffer) by doing so.
8. Proprietary rights
8.1 You acknowledge and agree that QuickLinkt (or QuickLinkt's licensors) owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by QuickLinkt and that you shall not disclose such information without QuickLinkt's prior written consent.
8.2 Unless you have been expressly authorized to do so in writing by QuickLinkt, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
9. License from QuickLinkt
9.1 QuickLinkt gives you a personal, worldwide, non-assignable and non-exclusive license to use the Services as provided to you by QuickLinkt, but subject to the Terms. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by QuickLinkt, in the manner permitted by the Terms.
9.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by QuickLinkt, in writing.
10. Your Content
10.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services.
10.2 QuickLinkt may refer to your company by use of logo or Content in marketing and promotional initiatives.
10.3 You hereby authorize to use, without any remuneration, the company's/franchisee's logo(s), trade name(s), and trade/service mark(s) for the creation of their branded Smartphone App and for publication to applicable marketplaces, including Google Play and the Apple App Store, as well as communication and promotional materials related to their Smartphone App. By using the service, the company/franchisee indicates that the use granted is indemnified and held harmless from any third party rights and/or claims, without waiver of any legal privileges. Other than the rights granted here, QuickLinkt acknowledges that it has no other rights in the company's corporate logos, trade names, and trade/service marks.
11. Ending your relationship with QuickLinkt
11.1 The Terms will continue to apply until terminated by either you or QuickLinkt as set out below.
11.2 If you want to terminate your agreement with QuickLinkt, you may do so by (a) notifying QuickLinkt at any time and (b) closing your accounts for all of the Services which you use, where QuickLinkt has made this option available to you. Your notice should be sent either in writing or through the Service to QuickLinkt.
11.3 QuickLinkt its' subsidary and/or partner and/or affiliate may at any time limit, disable and/or terminate its legal agreement with you if:
(A) You have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) When required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the provision of the Services to you by QuickLinkt its' subsidary and/or partner and/or affiliate is, in QuickLinkt's its' subsidary and/or partner and/or affiliate opinion, no longer commercially viable and, in such case, QuickLinkt its' subsidary and/or partner and/or affiliate shall enter into good faith negotiations with you to help you continue your specific use of, or rights in, the Service.
(D) If you have been provided access via licensing from a subsidary and/or partner and/or affiliate and are no longer affiliate or a member of this subsidary and/or partner and/or affiliate.
11.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and QuickLinkt have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed or would reasonable be considered to continue indefinitely, shall be unaffected by this cessation, and the provisions shall continue to apply to such rights, obligations and liabilities indefinitely.
12. EXCLUSION OF WARRANTIES
12.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 12 AND 13, SHALL EXCLUDE OR LIMIT QUICKLINKT'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
12.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
12.3 IN PARTICULAR, QUICKLINKT, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICES WILL BE CORRECTED.
12.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
12.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM QUICKLINKT OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
12.6 QUICKLINKT FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
13. LIMITATION OF LIABILITY
13.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 12.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT QUICKLINKT, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; AND
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION WITH ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES; (II) ANY CHANGES WHICH QUICKLINKT MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (III) YOUR FAILURE TO PROVIDE QUICKLINKT WITH ACCURATE ACCOUNT INFORMATION; (IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
13.2 THE LIMITATIONS ON QUICKLINKT'S LIABILITY TO YOU IN PARAGRAPH 12.1 ABOVE SHALL APPLY WHETHER OR NOT QUICKLINKT HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
13.3 WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IF QUICKLINKT BECOMES LIABLE TO YOU, QUICKLINKT'S LIABILITY SHALL NOT EXCEED, IN AGGREGATE, WITH RESPECT TO ANY AND CLAIMS FOR WHICH QUICKLINKT COULD BE LIABLE TO YOU, THE AMOUNT OF THE SERVICE PAYMENT YOU PAID TO QUICKLINKT IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
15. Copyright and trade mark policies
15.1 It is QuickLinkt's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminating the accounts of repeat infringers.
16. Changes to the Terms
16.1 QuickLinkt may make changes or additions to the Terms from time to time. When these changes or additions are made, QuickLinkt will make a new copy of the Terms available to you within, or through, the Services.
16.2 You understand and agree that if you use the Services after the date on which the Terms have changed, QuickLinkt will treat your use as acceptance of the updated Terms.
17. General Legal Terms
17.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
17.2 The Terms constitute the whole legal agreement between you and QuickLinkt and govern your use of the Services (but excluding any services which QuickLinkt may provide to you under a separate written agreement), and completely replace any prior agreements between you and QuickLinkt in relation to the Services.
17.3 You agree that if QuickLinkt does not exercise or enforce any legal right or remedy which is contained in the Terms (or which QuickLinkt has the benefit of under any applicable law), this will not be taken to be a formal waiver of QuickLinkt's rights and that those rights or remedies will still be available to QuickLinkt.
17.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
17.5 The Terms, and your relationship with QuickLinkt under the Terms, shall be governed the laws of the Province of Saskatchewan, without regard to principles of conflict of laws. With respect to any disputes or claims, you agree not to commence or prosecute any action in connection therewith other than in the provincial and federal Courts of Saskatchewan and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the provincial and federal courts of Saskatchewan.